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Bronx Premises Liability Law Blog

57-year-old woman sent to hospital after dog bite

A 57-year-old woman was attacked by a dog last Saturday while checking the mail in her mailbox. The dog that attacked her belonged to her next door neighbor. According to reports, it was a pit bull, and it attacked her as she was returning to her home at approximately 3:40 p.m.

The woman suffered a number of injuries from the animal attack, including scratches and dog bites on her buttocks, back and arm. Shortly after the incident, she was rushed to the hospital where she received treatment for the injuries.

Report: Managers to blame for fatal elevator accident

In June, 2014, a worker at the Sunshine Mine in Idaho was killed in an elevator accident. A report has been issued by the Mine Safety and Health Administration did not mince words when it came to who the federal safety agency thought was to blame.

The report listed the mine's managers to blame for the fatal accident. The worker was crushed to death in an elevator shaft on which he was performing maintenance. The managers, according to the MSHA, did not have procedures in place to ensure safe work nor were possible safety hazards identified.

The root of many trip and fall cases

At the heart of many trip-and-fall cases is this simple idea: You tripped because there was something unexpected in your way. That item was not supposed to be there, so any injuries that were a result of your trip may not be your fault.

While this sounds like quite a basic idea, it's important to apply this to each case. For example, you could be walking down a sidewalk where someone has carelessly left personal items on that public space, like a rake or a hose. If you are being careful and you still don't see the items in time, and they were never supposed to be left in that area, the person who left them out could be liable for the fact that you fell and injured yourself on their property.

What is considered a dangerous dog in New York?

A dog is a man's best friend. This adage aptly describes many dogs who are family pets. However, on occasion, a dog is not warm, cuddly and full of slobbery kisses. A dog attack can cause serious injuries, including death, to adults and children.

When a dog bite occurs to someone other than the dog's owner or family, the owner can be held liable for medical expenses, pain and suffering, disfigurement, disability and even a victim's death.

Have you had a slip and fall accident in New York?

Trip and fall or slip and fall accidents happen in the state of New York under many different circumstances. In basic terms, though, a trip and fall event can be defined as an incident that happens after an individual's foot hits something that does not belong in its path, and the individual takes a fall. Was it a broken sidewalk that caused the fall? Was it a pothole, a patch of ice or something left out on a sidewalk? Was it a banana peel?

It does not really matter what the item was that caused the fall. If a property owner is deemed to be responsible and liable for the place where the slip and fall incident occurred, and it is determined that the property owner's negligence was to blame for the conditions that led to the fall, then the injured party might have a legitimate claim for damages.

Common outside conditions that lead to slip-and-fall incidents

Property owners and managers have a responsibility to ensure the safety of tenants, customers, delivery personnel and others. Many slip-and-fall accident victims are hurt in incidents that occur outside. Below are some of the most common conditions that lead to slip-and-fall accidents and may result in a premises liability lawsuit against the property owner and others responsible for the care and maintenance of the property.

-- Parking lots: The owner has a responsibility to ensure potholes and cracks are filled and do not pose a hazard.

54-year-old New York man dies in fatal escalator accident

A 54-year-old man died in a recent escalator accident at the Palisades Center mall in Clarkstown last Friday. According to local police, he fell off the escalator after losing his balance. The man's caretaker tried to keep him from falling but was unsuccessful. The man plummeted a full three stories before he hit the ground.

A police detective who saw surveillance video of the incident suspects that the man was somehow tangled in the escalator, which caused him to lose his balance. He believes that the man's foot was caught and his heavy weight (over 200 pounds) caused him to go flying over the railing. A staff member from the group home where the man lives had been riding the escalator with him along with two other individuals.

Can a New York swimming pool create an attractive nuisance?

Swimming pools are great fun for New York families, and the presence of one can increase property values. Unfortunately, while fun and refreshing, swimming pools are also considered attractive nuisances. The state of New York has specific laws governing swimming pools and the safety measures that must be in place when a property owner has one.

These safety measures are meant to help prevent child injuries or deaths. If ignored, the victim or the family of a loved one who died may be able to file a premises liability or wrongful death case against the homeowner.

Icy sidewalk lawsuit reinstated after ruling from appeals court

Four days is too long to have left a Manhattan sidewalk covered in ice. That's the ruling from the Appellate Division, First Division, which reinstated a woman's lawsuit against New York City and the landowners.

The plaintiff filed the lawsuit after she slipped and fell in 2008 on a patch of ice that was one-inch thick on a sidewalk in Harlem. Court filings show that the woman had a meteorologist submit an affidavit that showed snowfall in the area four days before the accident and that the ice would have formed two days before she was injured. The plaintiff alleged, as did a witness, that the private landowners or the city had ample time to remove the ice that built up on the sidewalk.

New York elevator accidents

The owners and property managers of New York skyscrapers must maintain the elevators on their properties to keep them safely operational. According to the law, building owners and property managers who fail to maintain the safety of their elevators can be held liable in the event of an accident. Similarly, elevator manufacturers, elevator repair companies and other businesses could be liable in the event of an injurious elevator accident.

Elevators operate safely the vast majority of time, but sometimes -- on the rare occasion -- an unsuspecting victim gets into a malfunctioning elevator and suffers a severe injury. There is nothing that a New York resident can do to protect him or herself against such an incident. However, those who are injured due to no fault of their own may be able to seek financial restitution in court.

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